Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Circumstantial evidence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Criminal Law : Criminal Trial : Circumstantial evidence - Murder - Accused seen going to the house of deceased and was seen coming out of the house after the occurrence with knife in his hand - Accused with bloodstained clothes on his person went to the house of witness and requested her to bring a set of clothes from the house of co-accused for the purpose of changing - Bloodstained clothes recovered from the house of co-accused - Reports of Chemical Examiner and Serologist confirmed presence of human blood on these clothes for which accused did not offer any explanation - Knife stained with human blood was recovered from the house of accused following his disclosure statement - Held : Under these circumstances, the chain of circumstances is complete and the charge of murder against accused is proved beyond reasonable doubt - Evidence Act, 1872, S.27 - Criminal Procedure Code, 1973, S.313. Penal Code, 1860: Sections 120-B, 302/120-B and 201. Murder - Commission of - By accused - Accused is the nephew of co-accused - No evidence to establish conspiracy between accused and co- accused to commit murder - However, co-accused handed over a set of clothes to the witness for accused which he could change - The bloodstained clothes of accused were subsequently recovered from the house of co-accused - Held : The mere fact that accused is the nephew of co-accused not sufficient to lead an inference of conspiracy - However, the two circumstances fully establish the charge against the co-accused-Hence, conviction of co-accused upheld but the sentence reduced to the period already undergone. Section 212 - Offence - Ingredients of - No evidence about knowledge of commission of offence and intention of screening the offender from legal punishment - Held : Under these circumstances, accused acquitted. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 1999 INSC 21 |
Petitioner | Sanjeev Kumar |
Respondent | State Of Himachal Pradesh |
SCR | [1999] 1 S.C.R. 217 |
Judgement Date | 1999-01-22 |
Case Number | 1059 |
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